How to Challenge HOA Fees or Fines: Insights from an Experienced HOA Lawyer

As a homeowner in a homeowner association (HOA), you may receive a notice of a fine or fee for a violation of the rules or regulations. While these fees and fines can serve as a deterrent to rule-breaking, they can also be disputed if you believe they are unjustified or were imposed without following the HOA’s governing documents and applicable California law. In some situations, an HOA’s enforcement practices may feel unfair or inconsistent. Here are steps that may be available to challenge potentially improper HOA fees or fines.

Step 1: Review the CC&Rs and Bylaws
The first step in challenging an HOA fee or fine is to review the CC&Rs (Covenants, Conditions, and Restrictions) and bylaws that govern the community, along with any adopted rules, enforcement policies, or fine schedules. These documents generally describe the rules you are expected to follow and the procedures for notice and a hearing before discipline is imposed. You should also review any notices or correspondence from the HOA related to the fee or fine.

Step 2: Gather Evidence
If you believe that the fee or fine is unjustified, you will need to gather evidence to support your position. This may include photographs or documentation that show you did not violate the rule or regulation, or that the HOA may not have followed its stated procedures when imposing the fee or fine.

Step 3: Request a Hearing
Once you have gathered your evidence, you may request a hearing with the HOA board or a designated hearing body, consistent with the HOA’s procedures. The hearing can provide you with an opportunity to present information and explain your position. Depending on the HOA’s procedures, you may also be able to request that witnesses provide statements.

Step 4: Consider Mediation or Arbitration
If the hearing does not result in a satisfactory resolution, you may want to consider alternative dispute resolution (ADR), such as mediation. Mediation is a process in which a neutral third party helps the parties try to reach a mutually acceptable agreement. In some disputes under California law, ADR may be a required step before certain types of lawsuits are filed.

Step 5: Consult with an Experienced HOA Lawyer
If you are unable to resolve the matter through the above steps or need further guidance regarding these steps, you may wish to consult with an experienced HOA lawyer. A lawyer can review the CC&Rs and other governing documents, assess the HOA’s notices and procedures, and help you understand potential options.

LS Carlson Law is a California law firm with more than 15 years of experience handling HOA-related disputes, including disputes involving fees and fines. This article is for general informational purposes only and is not legal advice.